Applying for a family violence safety notice

A police officer can apply for a safety notice phone or fax while they are at the family violence incident. A sergeant or higher ranking police officer looks at the application. If they agree the affected family member needs protecting, they can issue a safety notice.

A police officer can apply for a safety notice even if the affected family member does not want them to. The officer will make it clear to the respondent that applying for a safety notice is a police decision.

Getting a family violence safety notice

Once a family violence safety notice is issued, a police officer must serve a copy to the respondent and explain what the notice means. The affected family member also gets a copy and the notice is filed with the Magistrates’ Court.

to make a family violence intervention order and it is served on the respondent

not to make a family violence intervention order.

Leaving the family home

To protect family members, the police can include a condition that the respondent must leave the family home. This means the respondent must not live in, re-enter or visit the home until the first mention date. A magistrate will decide then what happens next.

If the respondent has nowhere to stay, the police will do their best to help find emergency accommodation.

If the respondent refuses to leave or returns to the family home, the police can use reasonable force to remove them. The police can also charge the respondent with a criminal offence for breaking the intervention order.

About this website

Disclaimer: The material in this print-out relates to the law as it applies in the state of Victoria. It is intended as a general guide only. Readers should not act on the basis of any material in this print-out without getting legal advice about their own particular situations. Victoria Legal Aid disclaims any liability howsoever caused to any person in respect of any action taken in reliance on the contents of the publication.

How Victoria Legal Aid can help: Call us on 1300 792 387, Monday to Friday from 8.45 am to 5.15 pm, for free information over the phone about the law and how we can help you. You can speak to us in English or ask for an interpreter. You can also find more legal information at www.legalaid.vic.gov.au